THE REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title, extent and duration. 

2. Definitions. 

3. Power to requisition immovable property. 

4. Power to take possession of requisitioned property. 

5. Rights over requisitioned property. 

6. Release from requisitioning 

7. Power to acquire requisitioned property. 

8. Principles and method of determining compensation. 

9. Payment of compensation. 

10. Appeals from orders of requisitioning. 

11. Appeals from awards in respect of compensation. 

12. Competent authority and arbitrator to have certain powers of civil courts. 

13. Power to obtain information. 

14. Power to enter and inspect. 

15. Service of notice and orders. 

16. Easement not to be disturbed. 

17. Delegation of powers. 

18. Protection of action taken in good faith. 

19. Bar of jurisdiction of civil courts. 

20. Penalty for offences. 

21. Certain persons to be public servants. 

22. Power to make rules. 

23. Validation of certain requisitions and acquisitions. 

24. Repeals and savings. 

25. Special provision as to certain requisitions under Act 51 of 1962. 

26. Special provision as to certain requisitions under Act 42 of 1971. 

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THE REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952 
ACT NO. 30 OF 19521 

[14th March, 1952.] 
An Act to provide for the requisitioning and acquisition of immovable property for the purposes 

of the Union. 
BE it enacted by Parliament as follows:— 

 1. Short title, extent and duration.—(1) This Act may be called the Requisitioning and Acquisition 

of Immovable Property Act, 1952. 

(2) It extends to the whole of India except the State of Jammu and Kashmir*. 
2* 
2. Definitions.—In this Act, unless the context otherwise requires,— 

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* 

* 

* 

(a) “award” means any award of an arbitrator made under section 8; 

(b) “competent authority” means any person or authority authorised by the Central Government, 
by notification in the Official Gazette, to perform the functions of the competent authority under this 
Act for such area as may be specified in the notification; 

(c) “landlord” means any person who for the time being is receiving or is entitled to receive, the 
rent of any premises, whether on his own account, or on account or on behalf or for the benefit, of 
any other person or as a trustee, guardian or receiver for any other person, or who would so receive 
the rent or be entitled to receive the rent if the premises were let to a tenant; 

(d) the expression “person interested”, in relation to any property, includes all persons claiming, 
or  entitled  to  claim,  an  interest  in  the  compensation  payable  on  account  of  the  requisitioning  or 
acquisition of that property under this Act; 

(e) “premises” means any building or part of a building and includes— 

(i)  the  garden,  grounds  and  outhouses,  if  any,  appertaining  to  such  building  or  part  of  a 

building; 

(ii)  any  fittings  affixed  to  such  building  or  part  of  a  building  for  the  more  beneficial 

enjoyment thereof; 

(f) “prescribed” means prescribed by rules made under this Act; 

(g) “property” means immovable property of every kind and includes any rights in or over such 

property; 

(h) “tenant” means any person by whom or on whose account rent is payable for any premises 
and includes such sub-tenants and other persons as have derived title under the tenant under any law 
for the time being in force. 

3. Power to requisition immovable property.—(1) Where the competent authority is of opinion that 
any property is needed or likely to be needed for any public purpose, being a purpose of the Union, and 
that the property should be requisitioned, the competent authority— 

(a) shall call upon the owner or any other person who may be in possession of the property by 
notice in writing (specifying therein the purpose of the requisition) to show cause, within fifteen days 
of the date of the service of such notice on him, why the property should not be requisitioned; and 

1.  This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I and Goa, Daman and Diu by 
Notification. No. G.S.R. 388, dated the 15th March. 1967, Gazette of India, Pt. II., Sec. 3 (i), p. 471 to and brought into 
force in the State of Sikkim (w.e.f. 1-12-1976) by Notification. No. S.O. 4514, dated 27th November, 1976. 

This Act has been amended in Goa, Daman and Diu by Goa, Daman and Diu Act 6 of 1977. 

2. Sub-section (3) omitted by Act 1 of 1970, s. 2 (w.e.f. 11-3-1970). 
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 

and Kashmir and the Union territory of Ladakh.   

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(b) may, by order, direct that neither the owner of the property nor any other person shall, without 
permission of the competent authority, dispose of, or structurally alter, the property or let it out to a 
tenant until the expiry of such period, not exceeding two months, as may be specified in the order. 

(2)  If,  after  considering  the  cause,  if  any,  shown  by  any  person  interested  in  the  property  or  in 
possession thereof, the competent authority is satisfied that it is necessary or expedient so to do, it may, 
by  order  in  writing,  requisition  the  property  and  may  make  such  further  orders  as  appear  to  it  to  be 
necessary or expedient in connection with the requisitioning: 

Provided that no property or part thereof— 

(a) which is bona fide used by the owner thereof as the residence of himself or his family, or 

(b) which is exclusively used either for religious worship by the public or as a school, hospital, 
public library or an orphanage or for the purpose of accommodation of persons connected with the 
management of such place of worship or such school, hospital, library or orphanage, 

shall be requisitioned: 

Provided further that where the requisitioned property consists of premises which are being used as a 
residence by a tenant for not less than two months immediately preceding the date of the service of notice 
under sub-section (1), the competent authority shall provide such tenant with alternative accommodation 
which, in its opinion, is suitable. 

4.  Power  to  take  possession  of  requisitioned  property.—(1)  Where  any  property  has  been 
requisitioned under section 3, the competent authority may, by notice in writing, order the owner as well 
as any other person who may be in possession of the property to surrender or deliver possession thereof to 
the competent authority or any person duly authorised by it in this behalf within thirty days of the service 
of the notice. 

(2) If any person refuses or fails to comply with an order made under sub-section (1), the competent 
authority  may  take  possession  of  the  property  and  may,  for  that  purpose,  use  such  force  as  may  be 
necessary. 

5. Rights over requisitioned property.—(1) All property requisitioned under section 3, shall be used 

for such purposes as may be mentioned in the notice of requisition. 

(2)  Where  any  premises  are  requisitioned  under  section  3,  the  competent  authority  may  order  the 
landlord to execute such repairs as may be necessary and are usually made by landlords in that locality 
and as may be specified in the notice, within such reasonable time as may be mentioned therein, and if the 
landlord fails to execute any repairs in pursuance of such order, the competent authority may cause the 
repairs  specified  in  the  order  to  be  executed  at  the  expense  of  the  landlord  and  the  cost  thereof  may, 
without  prejudice  to  any  other  mode  of  recovery,  be  deducted  from  the  compensation  payable  to  the 
landlord. 

6.  Release  from  requisitioning.—(1)  The  Central  Government  may  at  any  time  release  from 
requisition any property requisitioned under this Act and shall, as far as possible, restore the property in 
as good a condition as it was when possession thereof was taken subject only to the changes caused by 
reasonable wear and tear and irresistible force: 

Provided that where the purposes for which any requisitioned property was being used cease to exist, 
the  Central  Government  shall, unless the  property  is acquired under  section  7,  release that  property,  as 
soon as may be, from requisition. 

1[(1A) Notwithstanding anything contained in sub-section (1), the Central Government shall release 

from requisition,— 

(a)  any  property  requisitioned  or  deemed  to  be  requisitioned  under  this  Act  before  the 

commencement  of  the  Requisitioning  and  Acquisition  of  Immovable  Property  (Amendment)                
Act,  1970  (1  of  1970),  on  or  before  the  expiry  of  a  period  of  2[seventeen  years]  from  such 
commencement; 

1. Ins. by Act 1 of 1970, s. 3 (w.e.f. 11-3-1970).  
2. Subs. by Act 20 of 1985, s. 2, for “fifteen years” (w.e.f. 8-3-1985).  

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(b) any property requisitioned under this Act after such commencement, on or before the expiry 
of a period of 1[seventeen years] from the date on which possession of such property was surrendered 
or delivered to, or taken by, the competent authority under section 4, 

unless such property is acquired under section 7 within the period of 1[seventeen years] aforesaid.] 

(2) Where any property is to be released from requisition, 2[under sub-section (1) or sub-section (1A)] 
the competent authority may, after such inquiry, if any, as it may in any case consider necessary to make 
or cause to be made, specify by order in writing the person to whom possession of the property shall be 
given and such possession shall, as far as practicable, be given to the person from whom possession was 
taken at the time of the requisition or to the successors-in-interest of such person. 

(3)  The  delivery  of  possession  of  the  property  to  the  person  specified  in  an  order  under                   

sub-section  (2)  shall  be  a  full  discharge  of  the  Central  Government  from  all  liability  in  respect  of  the 
property,  but  shall  not  prejudice  any  rights  in  respect  of  the  property  which  any  other  person  may  be 
entitled by due process of law to enforce against the person to whom possession of the property is given. 

(4) Where any person to whom possession of any requisitioned property is to be given is not found 
and  has  no  agent  or  other  person  empowered  to  accept  delivery  on  his  behalf,  the  competent  authority 
shall  cause  a  notice  declaring  that  the  property  is  released  from  requisition  to  be  affixed  on  some 
conspicuous part of the property and shall also publish the notice in the Official Gazette. 

(5)  When  a  notice  referred  to  in  sub-section  (4)  is  published  in  the  Official  Gazette,  the  property 
specified in such notice shall cease to be subject to requisition on and from the date of such publication 
and shall be deemed to have been delivered to the person entitled to possession thereof and the Central 
Government  shall  not  be  liable  for  any  compensation  or  other  claim  in  respect  of  the  property  for  any 
period after the said date. 

(6) Where any property requisitioned under this Act or any material part thereof is wholly destroyed 
or rendered substantially and permanently unfit for the purpose for which it was requisitioned by reason 
of  fire,  earthquake,  tempest,  flood  or  violence  of  any  army  or  of  a  mob  or  other  irresistible  force,  the 
requisition shall, at the option of the Central Government, be void: 

Provided that the benefit of this sub-section shall not be available to the Central Government where 

the injury to such property is caused by any wrongful act or default of that Government. 

7. Power to acquire requisitioned property.—(1) Where any property is subject to requisition, the 
Central  Government  may,  if  it  is  of  opinion  that  it  is  necessary  to  acquire  the  property  for  a  public 
purpose, at any time acquire such property by publishing in the Official Gazette a notice to the effect that 
the Central Government has decided to acquire the property in pursuance of this section: 

Provided that before issuing such notice, the Central Government shall call upon the owner of, or any 
other person who, in the opinion of the Central Government, may be interested in, such property to show 
cause  why  the  property  should  not  be  acquired;  and  after  considering  the  cause,  if  any,  shown  by  any 
person interested in the property and after giving the parties an opportunity of being heard, the Central 
Government may pass such orders as it deems fit. 

3[(1A) Notwithstanding any judgment or order by a court or any other authority, setting aside a notice 
under  sub-section  (1)  on  the  ground  that  the  owner  or  any  other  person  who  may  be  interested  in  the 
property was not given adequate opportunity to show cause or personal hearing, the Central Government 
may re-issue the notice to the owner or such other person interested in the property, for the purpose of 
giving opportunity of being heard: 

Provided that where a notice is re-issued, the owner or such other person interested in the property 
shall be entitled to the same annual rate of interest, prevalent at any relevant time on the domestic fixed 
deposit offered by the State Bank of India, as defined under clause (g) of section 2 of the State Bank of 

1. Subs. by Act 20 of 1985, s. 2, for “fifteen years” (w.e.f. 8-3-1985). 
2. Ins. by Act 1 of 1970, s. 3 (w.e.f. 11-3-1970).  
3. Ins. by Act 21 of 2018, s. 2 (w.e.f. 14-3-1952). 

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India Act, 1955 (23 of 1955), on the compensation payable under this Act, from the date of publication of 
the first notice, till the final payment of the compensation under this Act: 

Provided  further  that  any  enhanced  compensation  with  or  without  interest  awarded  by  the  court  or 
other authority, before the date of commencement of the Requisitioning and Acquisition of Immovable 
Property  (Amendment)  Act,  2018,  shall  be  subject  to  the re-issuance  of  a  notice  under  this sub-section 
and shall be applicable only to the cases of land being acquired for national security and defence purpose: 

Provided also that in the cases, where the final award under this Act has been made any compensation 
thereof  has  been  accepted  by  the  owner  or  such  other  person  interested  in  the  property,  before  the 
commencement  of  the  Requisitioning  and  Acquisition  of  the  immovable  Property  (Amendment)  Act, 
2018, shall not be reopened.] 

(2) When a notice as aforesaid is published in the Official Gazette, the requisitioned property shall, on 
and  from  the  beginning  of  the  day  on  which  the  notice  is  so  published,  vest  absolutely  in  the  Central 
Government free from all encumbrances and the period of requisition of such property shall end. 

(3) No property shall be acquired under this section except in the following circumstances, namely:— 

(a) Where any works have, during the period of requisition, been constructed on, in or over, the 
property wholly or partially at the expense of the Central Government and the Government decides 
that the value of, or the right to use, such works should be secured or preserved for the purposes of 
Government; or 

(b) where the cost of restoring the property to its condition at the time of its requisition would, in 
the determination of the Central Government, be excessive and the owner declines to accept release 
from requisition of the property without payment of compensation for so restoring the property. 

(4) Any decision or determination of the Central Government under sub-section (3) shall be final and 

shall not be called in question in any Court. 

(5)  For  the  purposes  of  clause  (a)  of  sub-section  (3)  "works"  includes  buildings,  structures  and 

improvements of every description. 

8. Principles and method of determining compensation.—(1) Where any property is requisitioned 
or acquired under this Act, there shall be paid compensation the amount of which shall be determined in 
the manner and in accordance with the principles hereinafter set out, that is to say,— 

(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance 

with such agreement; 

(b) where no such agreement can be reached, the Central Government shall appoint as arbitrator a 

person who is, or has been, or is qualified for appointment as, a Judge of a High Court; 

(c)  the  Central  Government  may,  in  any  particular  case,  nominate  a  person  having  expert 
knowledge as to the nature of the property requisitioned or acquired to assist the arbitrator and where 
such nomination is made, the person to be compensated may also nominate an assessor for the same 
purpose; 

(d) at the commencement  of the proceedings before the arbitrator, the Central Government and 

the  person  to  be  compensated  shall  state  what  in  their  respective  opinion  is  a  fair  amount  of                
compensation; 

(e) the arbitrator shall, after hearing the dispute, make an award determining the amount of com-
pensation  which  appears  to  him  to  be  just  and  specifying  the  person  or  persons  to  whom  such 
compensation shall be paid; and in making the award, he shall have regard to the circumstances of 
each case and the provisions of sub-sections (2) and (3), so far as they are applicable; 

(f) where there is any dispute as to the person or persons who are entitled to the compensation, the 
arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled 
to compensation, he shall apportion the amount thereof amongst such persons; 

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(g) nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitrations under this section. 
(2) 1[The amount of compensation payable for the requisitioning of any property shall, subject to the 

provisions of sub-sections (2A) and (2B), consist of—] 

(a) a recurring payment, in respect of the period of requisition, of a sum equal to the rent which 
would have been payable for the use and occupation of the property, if it had been taken on lease for 
that period; and 

(b) such sum or sums, if any, as may be found necessary to compensate the person interested for 

all or any of the following matters, namely:— 

(i) pecuniary loss due to requisitioning; 

(ii) expenses on account of vacating the requisitioned premises; 

(iii) expenses on account of reoccupying the premises upon release from requisition; and 

(iv) damages (other than normal wear and tear) caused to the property during the period of 
requisition, including the expenses that may have to be incurred for restoring the property to the 
condition in which it was at the time of requisition. 

2[(2A) The recurring payment, referred to in clause (a) of sub-section (2), in respect of any property 
shall, unless the property is sooner released from requisition under section 6 or acquired under section 7, 
be revised in accordance with the provisions of sub-section (2B)— 

(a) in a case where such property has been subject to requisition under this Act for the period of 
five  years  or  a  longer  period  immediately  preceding  the  commencement  of  the  Requisitioning  and 
Acquisition of Immovable Property (Amendment) Act, 1975— 

(i) first with effect from the date of such commencement, and 
3[(ii)  secondly  with  effect  from  the  expiry  of  five  years,  and  thirdly  with  effect  from  the 

expiry of ten years, from such commencement;]] 

(b)  in  a  case  where  such  property  has  been  subject  to  requisition  under  this  Act  immediately 
before  such  commencement  for  a  period  shorter  than  five  years  and  the  maximum  period  within 
which  such  property  shall,  in  accordance  with  the  provisions  of  sub-section  (1A)  of  section  6,  be 
released from requisition or acquired, extends beyond five years from such commencement,— 

(i) first with effect from the date of expiry of five years from the date on which possession of 
such  property  has  been surrendered  or  delivered  to,  or  taken  by,  the competent authority  under 
section 4, and 

2[(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from 
the  date  of  expiry  of  ten  years,  from  the  date  on  which  the  revision  made  under  sub-clause  (i) 
takes effect;] 
4[(c) in any other case,— 

(i) first with effect from the date of expiry of five years from the date on which possession of 
such  property  has  been surrendered  or  delivered  to,  or  taken  by,  the competent authority  under 
section 4, and 

5[(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from 
the  date  of  expiry  of  ten  years,  from  the  date  on  which  the  revision  under  sub-clause  (i)  takes 
effect.]] 

1.  Subs.  by  Act  2  of  1975,  s.  3,  for  “The  amount  of  compensation  payable  for  the  requisitioning  of  any  property  shall 

consisit of—” (w.e.f. 1-3-1975). 

2. Ins. by Act 2 of 1975, s. 3 (w.e.f. 7-3-1975).  
3. Subs. by Act 35 of 1980, s. 3, for sub-clause (ii) (w.e.f. 7-3-1980).  
4. Subs. by s. 3, ibid., for clause (c) (w.e.f. 7-3-1980).  
5. Subs. by Act 20 of 1985, s. 3, for sub-clause (ii) (w.e.f. 8-3-1985).  

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(2B)  The  recurring  payment  in  respect  of  any  property  shall  be  revised  by  re-determining                         

such payment in the manner and in accordance with the principles set out in sub-section (1), read with 
clause (a) of sub-section (2), as if such property had been requisitioned under this Act on the date with 
effect from which the revision has to be made under sub-section (2A).] 

1[(3) The compensation payable for the acquisition of any property under section 7 shall be the price 
which the requisitioned property would have fetched in the open market, if it had remained in the same 
condition as it was at the time of requisitioning and been sold on the date of acquisition.] 

9. Payment of compensation.—The amount of compensation payable under an award shall, subject 
to  any  rules  made  under  this  Act,  be  paid  by  the  competent  authority  to  the  person  or  persons  entitled 
thereto in such manner and within such time as may be specified in the award. 

10.  Appeals from  orders of  requisitioning.—(1)  Any  person aggrieved  by  an order  of  requisition 
made by the competent authority under sub-section (2) of section 3 may, within twenty-one days from the 
date of service of the order, prefer an appeal to the Central Government: 

Provided that the Central Government may entertain the appeal after the expiry of the said period of 
twenty-one  days,  if  it  is  satisfied  that  the  appellant  was  prevented  by  sufficient  cause  from  filing  the 
appeal in time. 

(2)  On  receipt  of  an  appeal  under  sub-section  (1),  the  Central  Government  may,  after  calling  for  a 
report  from  the  competent  authority  and  giving  an  opportunity  to  the  parties  of  being  heard  and  after 
making such further inquiry, if any, as may be necessary, pass such orders as it thinks fit and the order of 
the Central Government shall be final. 

(3)  Where  an  appeal  is  preferred  under  sub-section  (1),  the  Central  Government  may  stay  the 
enforcement of the order of the competent authority for such period and on such conditions as it thinks fit. 

11. Appeals from awards in respect of compensation.—Any person aggrieved by an award of the 
arbitrator made under section 8 may, within thirty days from the dale of such award, prefer an appeal to 
the High Court within whose jurisdiction the requisitioned or acquired property is situate: 

Provided  that  the  High  Court  may  entertain  the  appeal  after  the  expiry  of  the  said  period  of  thirty 

days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 

12. Competent authority and arbitrator to have certain powers of civil courts.—The competent 
authority and the arbitrator appointed under section 8, while holding an inquiry or, as the case may be, 
arbitration proceedings under this Act, shall have all the powers of a civil court, while trying a suit, under 
the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of any document; 

(c) reception of evidence on affidavits; 

(d) requisitioning any public record from any court or office; 

(e) issuing commissions for examination of witnesses. 

13. Power to obtain information.—The Central Government or the competent authority may, with a 
view to carrying out the purposes of section 3 or section 6, or section 7, or section 8, by order require any 
person to furnish to such officer, as may be specified in the order, such information in his possession as 
may  be  specified  relating  to  any  property  which  is  requisitioned  or  acquired,  or  intended  to  be 
requisitioned or acquired, under this Act. 

14. Power to enter and inspect.—The competent authority or any officer, empowered in this behalf 
by  such  authority  by  general  or  special  order,  may  enter  and  inspect  any  property  for  the  purposes  of 

1. Subs. by Act 31 of 1968, s. 2, for sub-section (3) (w.e.f. 9-8-1968).  

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determining  whether,  and  if  so, in  what  manner,  an  order under  this  Act should  be  made  in  relation to 
such property or with a view to securing compliance with an order made under this Act. 

15.  Service  of  notice  and orders.—(1)  Subject to the  provisions  of this  section  and  any  rules  that 

may be made under this Act, every notice or order issued or made under this Act shall,— 

(a)  in  the  case  of  any  notice  or  order  of  a  general  nature  or  affecting  a  class  of  persons,  be 

published in the Official Gazette; and 

(b) in the case of any notice or order affecting an individual, corporation or firm be served in the 
manner provided for the service of summons in Rule 2 of Order XXIX or Rule 3 of Order XXX, as 
the case may be, in the First Schedule of the Code of Civil Procedure, 1908 (5 of 1908); and 

(c) in the case of any notice or order affecting an individual person (not being a corporation or 

firm), be served on such person— 

(i) by delivering or tendering it to that person; or 

(ii) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such 
person or any adult male member of the family of such person, or by affixing a copy thereof on 
the outer door or on some conspicuous part of the premises in which that person is known to have 
last  resided  or  carried  on  business  or  personally  worked  for  gain;  or  failing  service  by  these 
means; 

(iii) by post. 

(2) Where the ownership of the property is in dispute or where the persons interested in the property 
are not readily traceable and the notice or order cannot be served without undue delay, the notice or order 
may be served by publishing it in the Official Gazette, and where possible, by affixing a copy thereof on 
any conspicuous part of the property to which it relates. 

16. Easement not to be disturbed.—No person interested in any property requisitioned or acquired 
under  this  Act  shall,  without  the  previous  written  consent  of  the  competent  authority  or  except  for  the 
purposes  of  effecting  repairs  or  complying  with  a  municipal  requirement,  wilfully  disturb  any 
convenience or easement attached to such property or remove, destroy or render unserviceable anything 
provided for permanent  use  therewith  or  discontinue or  cause to  be  discontinued  any  supply  or service 
provided for the property. 

17. Delegation of powers.—(1) The Central Government may, by notification in the Official Gazette, 
direct that the powers exercisable by it  1*** under this Act shall, in such circumstances and under such 
conditions, if any, as may be specified in the notification, be exercisable also by an officer subordinate to 
that Government or 2[by the State Government or by an officer subordinate to the State Government.] 

(2) All notifications issued under sub-section (1) shall be laid, as soon as may be, before Parliament. 

18.  Protection  of  action  taken  in  good  faith.—(1)  No  suit,  prosecution  or  other  legal  proceeding 
shall lie against any person for anything which is in good faith done or intended to be done in pursuance 
of this Act or any order made thereunder. 

(2)  No  suit  or  other  legal  proceeding  shall  lie  against  the  Central  Government  or  the  competent 
authority  for  any  damage  caused  or  likely  to  be  caused  by  anything  which  is  in  good  faith  done  or 
intended to be done in pursuance of this Act or any order made thereunder. 

19. Bar of jurisdiction of civil courts.—Save as otherwise expressly provided in this Act, no civil 
court  shall  have  jurisdiction  in  respect  of  any  matter  which  the  competent  authority  or  arbitrator  is 
empowered by or under this Act to determine, and no injunction shall be granted by any court or other 
authority in respect of any action taken or to be taken in pursuance of any power conferred by or under 
this Act. 

1. The words “by or” omitted by Act 42 of 1953, s. 4 and the Third Schedule (w.e.f. 23-12-1953).  
2. Subs. by s. 4 and the Third Schedule, ibid., for “the State Government” (w.e.f. 23-12-1953).  

8 

                                                           
20.  Penalty  for  offences.—Whoever  contravenes  any  provision  of  this  Act,  or  any  rule  made 
thereunder, or any order made or direction given under this Act, or obstructs the lawful exercise of any 
power conferred by or under this Act, shall be punishable with fine which may extend to one thousand 
rupees. 

21.  Certain  persons  to  be  public  servants.—The  competent  authority,  every  arbitrator  and  every 
officer empowered by the Central Government or the competent authority, while exercising any power or 
performing  any  duty  under  this  Act,  shall  be  deemed  to  be  a  public  servant  within  the  meaning  of            
section 21 of the Indian Penal Code (45 of 1860). 

22. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the procedure to be followed by the competent authority in making inquiries under section 3 

or section 6; 

(b) the procedure to be followed in arbitration proceedings and appeals under this Act; 

(c)  the  principles  to  be  followed  in  determining  the  amount  of  compensation  and  method  of 

payment of such compensation; 

(d) the principles to be followed in apportioning the cost of proceedings before the arbitrator and 

on appeal under this Act; 

(e) the manner of service of notices and orders; 

(f) any other matter which has to be, or may be, prescribed. 

1[(3)  Every  rule  made  under  this  Act shall be laid,  as soon  as  may  be  after it  is made,  before  each 
House of Parliament while it is in session, for a total period of thirty days which may be comprised in one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule.] 

23.  Validation  of  certain  requisitions  and  acquisitions.—(1)  All  immovable  property  which 
purports to have been requisitioned by a State Government for any public purpose, being a purpose of the 
Union, under any Provincial or State Act and which, immediately before the 25th day of January, 1952, 
was  used  or  occupied  by  the  Central  Government  or  by  an  officer  or  authority  subordinate  to  that 
Government shall, as from that date, be deemed to be property duly requisitioned under section 3 of this 
Act,  and  every  such  requisition  shall,  notwithstanding  any  judgment,  decree  or  order  of  any  Court,  be 
deemed always to have been valid as if this Act had been in force on and from the date of the requisition 
and the requisition had been duly made by a competent authority under this Act, and all the provisions of 
this Act shall apply accordingly: 

Provided  that  all  agreements  and  awards  for  the  payment  of  compensation  in  respect  of  any  such 
property  for  any  period  of  requisition  before  the  25th  day  of  January,  1952  and  in  force  immediately 
before that date shall be valid and shall be deemed always to have been valid and shall continue to be in 
force  and  shall  apply  to  the  payment  of  compensation  in  respect  of  that  property  for  any  period  of 
requisition after that date. 

(2)  Every  acquisition  of  immovable  property  purporting  to  have  been  made  before  the 
commencement of this Act by a State Government for any public purpose, being a purpose of the Union, 
under  any  enactment  for  the  time  being  in  force  in  that  State  and  which,  immediately  before  such 
commencement,  was  used  or  occupied  by  the  Central  Government  or  by  an  officer  or  authority 
subordinate  to  that  Government  shall,  notwithstanding  any  defect  in,  or  invalidity  of,  the  enactment  or 

1. Subs. by Act 35 of 1980, s. 4, for sub-section (3) (w.e.f. 5-4-1980).  

9 

                                                           
order under which the acquisition was made, be deemed for all purposes to have been validly made as if 
the  provisions  of  the  said  enactment  or  order  had  been  included  and  enacted  in  this  section  and  this 
section had been in force on and from the date of the acquisition. 

24.  Repeals  and 

savings.—(1)  The  Requisitioned  Land 

(Continuance  of  Powers)                                    

Act, 1947 (17 of 1947), the Delhi Premises (Requisition and Eviction) Act, 1947 (49 of 1947),  and the 
Requisitioning and Acquisition of Immovable Property Ordinance, 1952 (3 of 1952), are hereby repealed. 

(2) For the removal of doubts, it is hereby declared that any property which immediately before such 
repeal  was  subject  to  requisition  under  the  provisions  of  either  of  the  said  Acts  or  the  said  Ordinance 
shall, on the commencement of this Act, be deemed to be property requisitioned under section 3 of this 
Act, and all the provisions of this Act shall apply accordingly: 

Provided that— 

(a) all agreements and awards for the payment of compensation in respect of any such property 
for any period of requisition before the commencement of this Act and in force immediately before 
such commencement, shall continue to be in force and shall apply to the payment of compensation in 
respect of that property for any period of requisition after such commencement; 

(b) anything done or any action taken (including any orders, notifications or rules made or issued) 
in exercise of the powers conferred by or under either of the said Acts or the said Ordinance shall, in 
so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken in 
the exercise  of  the  powers  conferred  by  or under this  Act as if  this  Act  was  in force  on  the  day  in 
which such thing was done or action was taken. 

1[25.  Special  provision  as  to  certain  requisitions  under  Act  51  of  1962.—(1)  Notwithstanding 
anything contained in this Act, any immovable property requisitioned by the Central Government or by 
any officer or authority to whom powers in this behalf have been delegated by that Government, under 
the Defence of India Act, 1962 (51 of 1962), and the rules made thereunder (including any  immovable 
property deemed to have been requisitioned under the said Act) which has not been released from such 
requisition before the 10th January, 1968, shall, as from that date, be deemed to have been requisitioned 
by the competent authority under the provisions of this Act for the purpose for which such property was 
held immediately before the said date and all the provisions of this Act shall apply accordingly: 

Provided that— 

(a) all determinations, agreements and awards for the payment of compensation in respect of any 
such property for any period of requisition before the said date and in force immediately before the 
said date, shall continue to be in force and shall apply to the payment of compensation in respect of 
that property for any period of requisition as from the said date; 

(b) anything done or any action taken (including any orders, notifications or rules made or issued) 
by the Central Government or by any officer or authority to whom powers in this behalf have been 
delegated  by  that  Government,  in  exercise  of  the  powers  conferred  by  or  under  Chapter  VI  of  the 
Defence of India Act, 1962 (51 of 1962), shall, in so far as it is not inconsistent with the provisions of 
this Act, be deemed to have been done or taken in the exercise of the powers conferred by or under 
this Act as if this section was in force on the date on which such thing was done or action was taken. 

(2)  Save  as  otherwise  provided  in  sub-section  (1),  the  provisions  of  the  Defence  of  India                            

Act,  1962  (51  of  1962),  and  the  rules  made  thereunder,  in  so  far  as  those  provisions  relate  to  the 
requisitioning of any such immovable property as is referred to in sub-section (1), shall, as from the 10th 
January, 1968, cease to operate except as respects things done or omitted to be done before such  cesser 
and section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply upon such cesser of operation as 
if such cesser were a repeal of an enactment by a Central Act.] 

1. Ins. by Act 31 of 1968, s. 3 (w.e.f. 10-1-1968).  

10 

                                                           
1[26.  Special  provision  as  to  certain  requisitions  under  Act  42  of  1971.—(1)  Notwithstanding 
anything  contained  in  this  Act,  any  immovable  property  requisitioned  or  purported  to  have  been 
requisitioned  by  the  Central  Government  or  by  any  officer  or  authority  to  whom  powers  in  this  behalf 
have  been  delegated  by  that  Government,  under  the  Defence  of  India  Act,  1971  (42  of  1971),  and  the 
rules made thereunder (including any immovable property deemed to have been requisitioned under the 
said Act), which has not been released from such requisition before the appointed day, shall,— 

(i) if such property was requisitioned on or before the 21st day of March, 1977, as from that date, 

and 

(ii)  if  such  property  was  requisitioned  at  any  time  after  such  date,  as  from  the  date  of  its 

requisition, 

be deemed to have been requisitioned by the competent authority under the provisions of this Act for the 
purpose for which such property was held immediately before the appointed day and all the provisions of 
this Act shall apply accordingly: 

Provided that in determining the compensation payable under this Act in respect of any property so 
deemed to have been requisitioned under this Act, the sum or sums, if any, as may be found necessary to 
compensate the person interested for all or any of the matters specified in clause (b) of sub-section (2) of 
section 8 shall be reduced by the sum or sums, if any, paid or payable in respect of such matter or matters 
as compensation in respect of such property under the Defence of India Act, 1971 (42 of 1971), and the 
rules made thereunder. 

(2)  Save  as  otherwise  provided  in  sub-section  (1),  the  provisions  of  the  Defence  of  India                        

Act,  1971  (42  of  1971),  and  the  rules  made  thereunder,  in  so  far  as  those  provisions  relate  to  the 
requisitioning of any such immovable property as is referred to in sub-section (1), shall, as from the 21st 
March, 1977, cease to operate except as respects things done or omitted to be done before such cesser and 
section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply upon such cesser of operation as if 
such cesser were a repeal of an enactment by a Central Act. 

Explanation.—In this section “appointed day” means the 23rd September, 1977.] 

1. Ins. by Act 44 of 1977, s. 2 (w.e.f. 21-3-1977).  

11 

                                                           
